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(영문) 의정부지방법원 고양지원 2020.01.30 2019고정1012
공익사업을위한토지등의취득및보상에관한법률위반
Text

Defendant shall be punished by a fine of 200,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the owner of the building B and the land (hereinafter “instant building and land”), and the victim C Housing Redevelopment and Improvement Project Association (the president D) is the project implementer who obtained authorization to establish the association from the high-sea market on April 12, 2012 in order to designate the whole area as the project zone and implement the housing redevelopment project due to the deterioration of the large-scale E-type housing, etc. in Gyeyang-gu, Gyeyang-gu, Gyeyang-gu.

Any landowner or person concerned, or any other person holding a right to the land to be expropriated or used or goods thereon, who is not included in the landowner or person concerned, shall deliver or transfer the relevant land or goods to the project operator by no later than the commencement

After receiving from the FF Committee on May 27, 2019 a ruling of expropriation (the date of commencement of expropriation) on May 27, 2019, the victim association paid compensation for losses resulting from the adjudication of expropriation through consultation with the person who accepted the result of the adjudication of expropriation from among the owners of the land, etc. under the adjudication of expropriation, and deposited compensation of KRW 1,432,117,180 to the court on July 10, 2019 against the defendant who was dissatisfied with the adjudication of expropriation.

Nevertheless, the Defendant did not deliver the instant building and land to the victim union until July 11, 2019, which was the starting date of expropriation.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the statement made to D by the police;

1. Application of the written ruling, cash deposit, investigation report (B on-site verification)-related Acts and subordinate statutes;

1. Article 95-2 of the Act on the Acquisition of Land, etc. for Public Works Projects and the Compensation Therefor; the selection of fines, Article 43 of the Act on the Acquisition of and Compensation for Land, etc. for Criminal Crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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